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(영문) 부산지방법원 서부지원 2019.07.12 2019고정261
교통사고처리특례법위반(치상)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaged in driving a “B” SM5 vehicle volume.

On September 24, 2018, the Defendant driving the said vehicle for business affairs around 20:50, and driving the said vehicle at a speed of about 50 kilometers per hour from the breadth of the “gradation” to the “ten signal, etc.” from the breadth of the “gradic Free Economic Zone Office in the Busan Gangseo-gu, Busan Metropolitan City, 232-ro 38-26.

The location is a road on which traffic signals, etc. are installed in the front.

In such cases, a driver of a vehicle has a duty of care to prevent accidents by safely driving the vehicle by safely driving the vehicle, such as keeping the front and the safety distance.

Nevertheless, the Defendant neglected to do so and negligently followed the part of the victim C’s “D” passenger car in waiting for the signal at the front of the above vehicle of the Defendant.

As a result, the Defendant suffered, by negligence on the part of the Defendant, the injury of “influoral salt, tension, etc.,” which requires approximately three weeks of treatment to the victim E, who was on board the damaged vehicle, for approximately three weeks of treatment; and the injury of “influoral agents and tension, etc.,” which requires approximately one week of treatment to the victim F, who is the same passenger of the same vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement of traffic accident;

1. A traffic accident report;

1. A medical certificate, medical certificate (E), and medical certificate (F);

1. Application of Acts and subordinate statutes governing vehicle photographs;

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims E with the largest penalty);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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